2023-01-31_REVISION - C1992081 - Laserfiche WebLink

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XXII. HAZARDOUS SUBSTANCES A. The Grantee shalt not place, store, use or dispose on the Premises, temporarily or permanently, any substance that is hazardous, toxic, dangerous or harmful or which is defined as a hazardous substance by the Comprehensive Environmental Response Compensation and Liability Act, 42 USC 59601 (each a "Hazardous Substance" and collectively, the "Hazardous Substances"); except for the following: 1. any potentially Hazardous Substance contained within batteries installed by Grantee at the Premises, which shall be used for the sole purpose of supplying electrical power to the Facilities; and 2. small quantities of "over the counter" degreasers, lubricants, and cleaning solvent products, which shall be used for the sole purpose of maintenance and operation of the Facilities. All. Hazardous Substances shall be used and stored in compliance with all federal, state, and local environmental laws. Grantee shall provide the State Land Board with an inventory of all Hazardous Substances at the State Land Board's request. B. The Grantee is also prohibited from storing any gasoline or other fuel on the Premises without the State Land Board's prior written permission; except Grantee is permitted to store diesel, propane or gasoline fuel in a tank on the Premises for the sole purpose of supplying fuel to the Facilities in the event of an electrical power outage, provided that a spill containment structure is installed in a manner that is capable of holding the entire volume of the tank in the event of a tank spill or rupture. Such written permission shall be at the State Land Board's sole discretion and upon such terms and conditions as determined by the State Land Board. C. The Grantee shalt immediately notify the State Land Board of all spills, releases, inspections, correspondence, orders, citations, notices, fines, response and/or cleanup actions, and violation of laws, regulation or ordinance which affect the Premises. XXIII. CONDEMNATION A. In the event the State Land Board receives notification of any condemnation proceedings affecting the Premises, the State Land Board will provide notice of the proceeding to Grantee within ten (10) business days. B. If all of the Premises are taken by any public authority under the power of eminent domain, this Contract shall terminate as of the date possession was taken by said public authority pursuant to such condemnation. If part of the Premises is taken and, in the opinion of either the State Land Board or the Grantee, it is not economically feasible to continue this Contract, either party may terminate this Contract. C. Such termination by either party shalt be made by notice to the other party given not later than thirty (30) days after possession is so taken. If part of the Premises is taken and neither the State Land Board nor the Grantee elects to terminate this Contract, the payment due under this Contract shall be abated in the same proportion as the portion of the Premises so taken bears to the whole of the Premises. D. All damages awarded for the taking or damaging of all or any part of the Premises, or State Land Board owned improvements thereon, shalt belong to and become the property of the State Land Board, and the Grantee hereby disclaims and assigns to the State Land Board any and all claims to such award. The State Land Board shall not claim any interest in any of the Facilities. Grantee may pursue a separate award from the condemnation authority for its relocation expenses and for the loss of or damage to its Facilities. E. If the temporary use (defined as less than one year) of the whole or any part of the Premises shall be taken at any time during the Term of this Contract, the Grantee shall give prompt notice thereof ROW 113070 Page 11 of 16 Revised DOL_20180717